agenda - lebanon, oregon · santiam travel station 750 third street city of lebanon agenda...

Chair: Jeremy Salvage Vice Chair: Don Robertson

Community Development Director: Walt Wendolowski, AICP

Commissioners: John Brown

Brian DanielsDavid McClain

Walt Rebmann

Jared Cornell

Brenda Hall (Alt)

Meeting Location:

Santiam Travel Station 750 Third Street

City of Lebanon AGENDA 541‐258‐4906 Planning Commission June 15, 2016 www.ci.lebanon.or.us

PLANNING COMMISSION

June 15, 2016 Regular Meeting: 6:00 pm

AGENDA

1. Call to Order / Flag Salute 2. Roll Call 3. Minutes – May 18, 2016 4. Citizen Comments (restricted to items not on the Agenda) 5. Public Hearings Planning Case No.: 16-05-23 Applicant: Justin Kruse

Request: The applicant is requesting approval to construct a 13-lot subdivision on property within the Residential High Density and Residential Low Density zones.

6. Work Session – None 7. Commission Business & Comments 8. Adjournment

May 18, 2016 Meeting Minutes - DRAFT Page 1 of 3

Members Present: Chairman Jeremy Salvage, Vice-Chair Don Robertson,

Commissioners John Brown, Brian Daniels, David McLain and Walt Rebmann.

Staff Present: Community Development Director Walt Wendolowski, AICP NOTE: The following minutes may have minor omissions due to failure of the

recording equipment. 1. FLAG SALUTE / CALL TO ORDER Chairman Salvage called the meeting of the Lebanon Planning Commission to

order at 6:00 pm in the Santiam Travel Station Board Room at 750 3rd Street. 2. ROLL CALL Roll call was taken, Vice-Chair Don Robertson, and, Commissioners McClain and

Daniels were excused; Commissioner Cornell was absent. A quorum was declared. 3. APPROVAL OF MEETING MINUTES The April 20, 2016 Meeting minutes were approved as submitted. 4. CITIZEN COMMENTS - None 5. PUBLIC HEARING - Planning File 16-04-09 - An application by Research

Mannikins for a Conditional Use to construct a storage warehouse.

Chairman Salvage opened the hearing. Community Development Director Wendolowski announced that the quasi-judicial hearing procedures apply and outlined the hearing process. Chairman Salvage asked if there were any ex parte contacts, conflicts or bias. None were declared and staff was directed to proceed.

Wendolowski provided the staff report. He located the property for the Commission, stating the property was zoned Central Business Commercial. The applicant wishes to construct a 3,240 square foot structure on the southeast corner of the site. The structure will be used for storage - no other changes are planned.

While some manufacturing is allowed in the zone, this did not apply to the existing

business, and was therefore a non-conforming use. However, the Development Code allows expansion of a non-conforming use through the conditional use process.

City of Lebanon

Planning Commission

Meeting Minutes May 18, 2016


In reviewing the application, Wendolowski noted the proposed building met all applicable setback, height limitation and area coverage requirements. Additional parking was not required nor were landscaping improvements. The location on the southeast corner of the site places the structure next to railyard and across from Scroggins Mill. Overall, this location reduces potential impacts on residential uses to the west. The only significant public improvement was the need to replace the sidewalk and driveway entrance along the frontage. Based on these factors, Wendolowski recommended the Commission approve the Conditional Use application, subject to the findings and conditions noted in the Staff Report. Commissioner McLain asked about what would be stored on site. Wendolowski responded it was basically product storage. Applicant Greg Hogan added some wood would also be stored. Vice-Chair Robertson asked about a “triangle” located at the southwest corner of the building. Wendolowski responded that was part of the driveway entrance. Chairman Salvage asked the applicant if he wished to testify. Stating he did not, Salvage noted there was no one in the audience and so closed the public testimony portion of the hearing. Salvage asked the Commissioners if there were any issues or concerns. There were no additional comments or questions from the Commission. Having no further discussion, Salvage asked for a motion. Commissioner McLain moved and Vice-Chair Robertson seconded, to approve Planning File 16-04-19, adopting the findings and recommended conditions of approval. The motion passed unanimously.

6. WORK SESSION – (None) 7. COMMISSION BUSINESS & COMMENTS

Wendolowski provided an update on current activities with the following highlights:

Issues surround the industrial wetlands were reviewed, with Wendolowski noting the City is in the process of contracting with a wetland specialist to begin the project.

Building fees were updated, with the Department exceeding expected

revenue by about 60% with still a month to go.

The old Ford dealership will be redeveloped. Approximately one-half of the building will be demolished and repurposed. A smaller retail building will be constructed along South Santiam Highway and house a Starbucks and AT&T store. The developer plans on submitting an application within a few weeks. The review is at the staff level.


In response to a question, there is no further information to share regarding

the Weyerhaeuser site.

8. ADJOURNMENT:

There being no further business, the meeting was adjourned at 6:23 pm.

[Meeting minutes prepared by Walt Wendolowski, AICP]

PLANNING COMMISSION STAFF REPORT Planning File #16-05-23; Justin Kruse

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TO: Lebanon Planning Commission

FROM: Walt Wendolowski, AICP Community Development Manager

SUBJECT: Planning File #16-05-23 - Subdivision

DATE: June 8, 2016

I. BACKGROUND A. APPLICANT: Justin Kruse. B. PROPERTY LOCATION: The site is composed of three parcels located on the northeast

corner of the intersection of South Williams Street and East Milton Street. The Linn County Assessor map places the land within Township 12 South, Range 2 West, Section 14BB; Tax Lot 10800 and a portion of Tax Lot 300; and, Township 12 South, Range 2 West, Section 14BA; Tax Lot 6600.

C. PROPERTY SIZE: Tax Lot 10800 – 0.82 acres; Tax Lot 300 – 1.40 acres; Tax Lot 6600

– 0.76 acres for a total of 2.98 acres. D. EXISTING DEVELOPMENT: A single family home is located on the north end of Tax Lot

300. Otherwise, the land is vacant with public facilities located in Williams and Milton Streets.

E. ZONING: Tax Lots 10800 and 300 are zoned Residential High Density (Z-RH) while Tax

Lot 6600 is zoned Residential Low Density (Z-RL). F. ADJACENT ZONING AND LAND USE: Land to the east and south is zoned RL while

land to the west and north is zoned RH. Land zoned Residential Mixed Density (Z-RM) is located to the southwest. A majority of adjacent parcels are developed with single family homes on subdivision sized lots. Williams Street, which borders the site on the west, also contain railroad right-of-way.

G. REQUEST: The applicant is requesting approval to create a 13-lot mixed duplex and

single-family Subdivision. H. DECISION CRITERIA: The decision to approve or deny the request shall be based on the

criteria contained in Lebanon Development Code, Chapter 16.22 (Subdivision).

II. APPLICATION SUMMARY

S T A F F R E P O R T

Community Development Department


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A. The current proposal will create a new subdivision and include the following features:

1. The project will include 13 lots – 9 located on the RH zoned portion of the site and

4 on the RL zoned portion. The RH zoned lots range in size from 8,617 square feet to 12,481 square feet. Each lot is designed to accommodate a duplex. The four RL zoned lots are approximately 6,800 square feet each and designed for single family homes. The applicant anticipates platting to occur in a single phase.

2. Site access is via a 25-foot wide private street. At the entrance of the project, 11

parking spaces will be provided for residents. Parking along the roadway will be prohibited. In addition, access from Williams Street will be prohibited owning to the railroad right-of-way.

3. Sanitary sewer, water and storm facilities are located in Milton Street and will be

extended to serve the lots. Appropriate easements for public lines will be required. 4. A portion of east “D” Street to the east of Williams Street will need to be vacated. 5. The applicant completed a property line adjustment on Tax Lot 300. Based on the

adjusted boundaries, the submitted plan represents the final layout and does not include the existing home.

B. The Department sent requests for comments to affected agencies and area property

owners. City Engineering Services reviewed the request and provided comments which are summarized below: 1. General

a. This proposal requires installation of new public improvements. All public improvements must be designed by a professional engineer, conform to the latest Public Works Standards, and require a permit prior to construction.

b. A bond is required for all incomplete public improvements. c. All private, onsite utilities must be approved by the City Building Official. d. All elevations on plans must be on the NAVD 88 vertical datum and the

plans must include proposed fencing, landscaping and irrigation.

2. Transportation a. Sidewalks, paths, and driveway approaches must comply with ADA

requirements. b. Provide pedestrian access throughout the subdivision. c. Street trees in compliance with the City standards must be installed along

Milton Street, unless otherwise prohibited by ODOT Rail. d. Engineering drawings must locate street lights, mail boxes, utility pedestals,

and signs. The Postmaster must approve mailbox locations. e. Street names must be approved by the City Engineer, Linn County 911, and

the County Surveyor. f. No parking signs will be required on both sides of the private street. g. Access and signage must be approved by Lebanon Fire District. h. At a minimum, the provide street must meet or exceed the minimum


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American Association of State Highway and Transportation Officials (AASHTO) travel lane width of 9-feet.

i. Provide a geotechnical engineer’s report indicating the soil and street section design is adequate for all traffic loads over the life of the street.

j. ODOT Rail must review site and utility plans, including fences and trees. This will include the installation of an ADA crosswalk at the Williams/Milton Street intersection.

3. Water a. The number and location of fire hydrants must be approved by the Fire

Marshal. Provide engineering calculations ensuring that the proposed 6-inch water line will provide necessary fire flow - the water main may need looped or increased in diameter to increase hydrant flow. Applicable easements are required.

b. Approved backflow prevention assembly is required immediately behind any City water meter serving any property with an irrigation system or well.

4. Sewer

a. Any on-site septic systems must be abandoned according to city and county regulations prior to construction of public improvements.

b. Per ORS 92.44, manholes cannot be placed any closer than one foot from a required survey monument.

5. Drainage

a. The drainage system and grading plan shall be designed so as not to adversely impact drainage to or from adjacent properties. The engineering drawings must provide a detailed design of the improvements.

b. Storm water discharge must be limited to a pre-development 10-year storm event. Site detention must be sized to contain storage for a 100-year post-development storm event. Provide an engineer’s report for review.

c. Provide verification of Oregon DEQ NPDES permit issuance and all conditions of permit issuance prior to construction.

C. No other agency or area property owner responded.

III. CRITERIA AND FINDINGS - SUBDIVISION

A. Chapter 16.22 establishes the standards for reviewing partitions and subdivisions, with

Sections 16.22.030 to 16.22.090 establishing specific requirements for submittal and review. The applicable provisions are reviewed in the following Sections.

B. Subsections 16.22.030 A. and B., establish the general requirements for subdivisions.

This is a two-step process requiring the submittal – and approval - of a preliminary plat before a final plat can be approved and recorded. In addition to the land division requirements in Chapter 16.22, the proposal must comply with regulations regarding public works improvements, official maps or development plans, Development Code provisions, Fire District requirements and similar regulations.

FINDINGS: The Commission hearing addresses the preliminary plat. If approved, the


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applicant must submit a final plat that conforms to provisions in this Chapter. C. Section 16.22.030.C notes that subdividing residential zone into large lots (i.e., greater

than four times or 400 percent the minimum lot size allowed by the underlying land use zone), the City may require that the lots be of such size, shape, and orientation as to facilitate future re-division in accordance with the requirements of the land use district and this Code. To meet this requirement a re-division plan must be submitted.

FINDINGS: The lots are designed to accommodate specific residential uses, and based on the square footages, would not be considered “large” by provisions in this Section.

D. Section 16.22.030.D establishes provisions for lot averaging, thereby allowing the

creation of some lots below the minimum lot size. Subsection “E.” notes the proposal must comply with floodplain provisions.

FINDINGS: Lot averaging does not apply in this case. Subsection “E.” does not apply as

the site is not located within the identified 100-year flood hazard area. E. Section 16.22.040 indicates the applicant may request a pre-application meeting, as well

as subsequent individual meetings, to review a subdivision. FINDINGS: For the record, City staff conducted two pre-application meetings. F. Section 16.22.050 contains special transportation provisions and associated decision

criteria. Subsection “A.” requires notification of the Oregon Department of Transportation (ODOT). For the record, while the agency was contacted, the development does not impact a State highway. Subsection “B.” requires plans to address specific access related decision criteria, which are noted as follows:

1. Section 16.22.050.B.1 - Driveway Access Placement: Driveway access shall be

properly placed in relation to sight distance, driveway spacing, and other related considerations, including opportunities for joint and cross access. FINDINGS: The lots have sufficient frontage to allow placement of a driveway. Final location is determined when building plans are submitted.

2. Section 16.22.050.B.2 - Road/Street System and Building Access: The road/street

system shall provide adequate access to the buildings for the appropriate users, such as residents, visitors, patrons, employees, service and delivery vehicles, and emergency vehicles. FINDINGS: As designed, each lot will front on a private street which provides adequate access to the site.

3. Section 16.22.050.B.3 - Pedestrian and Bicycle Facilities: An internal system of

sidewalks and/or pathways for pedestrians and bicyclists shall provide connections to both motor vehicle and bicycle parking areas, and entrances to the development and its buildings, as well as open space, recreational and other community facilities associated with the development. Streets shall have sidewalks on both


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sides, unless other configurations have been approved. Pedestrian and bicycle linkages shall connect to the peripheral street system. FINDINGS: The private street effectively provides pedestrian and bicycle access; additional improvements are unnecessary as it is not a through street carrying outside traffic.

4. Section 16.22.050.B.4 - Consistency with Transportation System Plan: All access shall be consistent with the access management standards of this Code, the City’s Transportation System Plan, and the Lebanon/Linn County Urban Growth Management Agreement. FINDINGS: The subdivision is accessed by a private street easement, off an existing local street.

5. Section 16.22.050.B.1 Conditions of Approval to Mitigate Significant Impacts or

Effects on Transportation Facilities: In situations in which proposed land use actions may cause a significant negative impact or effect on a transportation facility, the Planning Commission may impose additional conditions for approval, such as: a. A Traffic Impact Analysis (or other traffic studies) if the City Engineer finds

that the proposed development will have a significant negative impact or effect on the surrounding transportation network. (See Chapter 16.12, Subsection 16.12.010.B).

b. The operator of the affected transportation facility shall receive notice of the proposed land use. Such operators may include, but are not limited to, the City, Linn County, the State (e.g., ODOT, Oregon Department of Aviation), and rail road companies. This notice shall include the applicant’s full site plan submitted to the City and any traffic impact study or traffic counts, as well as the information noted in paragraph “a.” immediately above.

c. The determination of transportation impacts or effects and the scope of any impact study shall be coordinated with the Planning Official, the City Engineer and the operator of the affected transportation facility.

d. Dedication of land for streets, transit facilities, sidewalks, bikeways, paths, or accessways where the existing transportation system will be impacted by or is inadequate to handle the additional burden caused by the proposed land use.

e. Transportation-related improvements where the existing transportation system may be burdened by the proposed land use.

FINDINGS: Given the number of lots and point of connectivity, Engineering Services did not require a traffic impact analysis. Nothing in this action impacts aviation or similar transportation facilities provided the developer coordinates the placement of street trees, fences and walkways with ODOT Rail.

G. Section 16.22.060 notes that after a pre-application meetings and/or consultations the

applicant submits a subdivision application on the proscribed form. For the record, the applicant submitted the necessary material consistent with this Section.


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H. Section 16.22.070 establishes the procedural issues. Regarding the applicable material, Subsection “A.2.” requires preliminary subdivision applications to be processed as a quasi-judicial review with a hearing before the Planning Commission, while the final plat is reviewed by staff as a ministerial decision (“B.”). Preliminary plat approval is valid for three years and allows for phasing up to 10-years (“C.”, “D.” and “E.”). Modifications to an approved preliminary plat are allowed, subject to procedures in Development Code Chapter 16.24 (“F.”).

FINDINGS: As a subdivision, the hearing before the Planning Commission complies with provisions in this Section (“A.2.”). All subsequent provisions apply to the administration, review or modification of an approved preliminary plat.

I. Section 16.22.080 establishes the preliminary plat submittal requirements. The

applicable provisions include:

1. Section 16.22.080.A.1. and 2. – This Section requires submittal of public facilities and services study (including transportation facilities) and a traffic impact study. FINDINGS: Per Engineering Services, water, sanitary sewer and storm drainage facilities are available and can be extended to serve the lots. All improvements must comply with City design requirements, and with regard to storm drainage, not increase the level of storm runoff on adjacent properties.

2. Section 16.22.080.A.3 lists additional information that will or may be required:

a. Section 16.22.080.A.3.a - Correspondence from appropriate and applicable State and Federal Wetland regulatory agencies.

FINDINGS: This section does not apply as the Wetland Inventory map does

identify jurisdictional wetlands on the site. b. Section 16.22.080.A.3.b - Correspondence from the County or ODOT if

access is proposed to any facility under their jurisdiction. FINDINGS: A local public street provides access to the site with the

individual lots served by a private street. As previously noted, the developer must coordinate with ODOT Rail for certain improvements.

c. Section 16.22.080.A.3.c - Correspondence from Oregon Department of

Aviation if the proposed development is within the approach or noise impact overlay zones of the Lebanon State Airport.

FINDINGS: Based on the maps in Development Code Chapter 16.11, the

property is not located within the designated Airport Overlay Zone. d. Section 16.22.080.A.3.d - Documentation prepared by a licensed and

qualified professional demonstrating that development proposed within a 100-year floodplain or floodway complies with appropriate FEMA, NFIP and City’s Floodplain Regulations (see Section 16.11.070 in Chapter 16.11).


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FINDINGS: Based on current Flood Insurance Rate Maps, no part of the

subdivision is located within the identified 100-year flood hazard area. e. Section 16.22.080.A.3.e - Documentation showing compliance with

applicable Special Area Plans.

FINDINGS: The property is not located within a “Special Area Plan”.

f. Section 16.22.080.A.3.f - Documentation showing compliance with the all applicable codes and requirements of the Lebanon Fire District.

FINDINGS: The layout, emergency vehicle turn-around and provisions for hydrants, must comply with Lebanon Fire District requirements. This may be placed as a condition of approval.

g. Section 16.22.080.A.3.g - Documentation showing that the proposed land

division will not violate any existing property restrictions of record including easements.

FINDINGS: After the previously noted property line adjustment, this project is under a single consolidated ownership.

h. Section 16.22.080.A.3.h - Documentation prepared by a licensed and

qualified professional demonstrating that areas of soil cut and fill will comply with erosion control and building code requirements.

FINDINGS: This determination is made by the Building Official at the time building plans are submitted.

i. Section 16.22.080.A.3.i - Documentation prepared by a licensed and

qualified professional demonstrating that areas of geologic and/or of soils instability can be developed according to applicable City, State and Federal Environmental Standards.

FINDINGS: The flat site is not subject to Steep Slope Development Overlay Zone requirements. However, a geotechnical engineer must assess the private street’s ability to serve all types of vehicular traffic.

j. Section 16.22.080.A.3.j - Other information determined by the Planning

Official and/or City Engineer. Upon the receipt or presentation of credible evidence, the City may require studies or exhibits prepared by qualified and/or licensed professionals to address specific site features or project impacts (e.g. noise, natural resources, environmental features, natural hazards, cultural/archeological, site stability, wetlands, hazmat assessments, etc.), in conformance with this Code, other State and/or Federal regulatory requirements.


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FINDINGS: Based on information in the Comprehensive Plan and associated maps, staff finds additional application material is not required.

3. Section 16.22.080.B.1., 2. and 3. Establish submittal requirements. For the

purpose of this review, the applicant submitted the necessary material for staff to proceed with the application.

J. The City may approve, approve with conditions or deny a preliminary plat based on the

criteria contained in Section 16.22.090, subsections “A.”, “B.” and “C.”. Provisions in subsection “A.” include the following:

1. Section 16.22.090.A.1 - The proposed preliminary plat complies with the

applicable Development Code Sections and adopted Master Plans. At a minimum, the provisions of this Chapter, and the applicable Chapters and Sections of Article Two (Land Use and Land Use/Development Zones) and Article Three (Community Development and Use Standards) of this Code shall apply. Where a variance is necessary to receive preliminary plat approval, the application shall also comply with the relevant Sections of Chapter 16.29. FINDINGS: Findings in this section review provisions in Articles Two and Three.

2. Section 16.22.090.A.2 - The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92 and the County Surveyor.

FINDINGS: The proposed subdivision plat name will be verified at the time of submittal to the County Surveyor.

3. Section 16.22.090.A.3 - The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities, and surface water facilities are laid out so as to conform or transition to the plats of subdivisions and partitions already approved for adjoining property as to width, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat. FINDINGS: The 13-lots fronts along a private street easement. Based on comments by Engineering Services, provided the travel lanes are at least 9-feet in width (18-feet total width) the improvement is adequate to serve the development. Given the level of traffic, a separate bike-lane is not required.

4. Section 16.22.090.A.4 - All proposed private common areas and improvements

(e.g., homeowner association property) are identified on the preliminary plat.

FINDINGS: The shared “common space” includes the private street and associated parking area. A homeowners association or similar agreement will need to be in place to ensure maintenance of the facility.

5. Section 16.22.090.A.5 - Evidence that all City, County, State and Federal regulatory agency identified or mapped special management areas have been accurately and effectively identified on the appropriate maps and plans submitted


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to the City. FINDINGS: As noted, preliminary information indicates the site does not contain special management areas.

6. Section 16.22.090.A.6 - Evidence that improvements or conditions required by the City, road authority, Linn County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met.

FINDINGS: All improvements will be located within the City and are subject to City public works design and construction standards.

7. Section 16.22.090.A.7 - If any part of the site is located within a Special Area Plan or District, Overlay Zone, or previously approved Planned Development, it shall conform to the applicable regulations and/or conditions.

FINDINGS: The site is not located in special plan area, district or overlay zone.

K. Section 16.22.090.B establishes the criteria for the layout of the subdivision and includes

the following:

1. Section 16.22.090.B.1 - All lots shall comply with the lot area, setback, and dimensional requirements of the applicable land use zone (Chapters 16.05 – 16.10), and the standards of Chapter 16.12 (Subsection 16.12.030.K, Street Connectivity and Formation of Blocks).

FINDINGS: Within the RH zone, the minimum lot size for a duplex site is 7,000 square feet with a minimum lot width of 50-feet. Within the RL zone, the minimum lot size for a single family home is 6,000 square feet with a minimum lot width of 60-feet. Based on the submitted layout, the lots comply with the dimension requirements of their respective zone and for their respective use. The block layout provisions in Chapter 16.12 and the design provisions in Chapter 16.13 are not directly applicable as the subdivision can only be served by a single street. Chapter 16.13 establishes minimum street improvement requirements. The City previously approved the creation of private streets (Ridgeway Butte) but does not have a specific private street standard. In this case, given limited volumes, Engineering Services will accept a minimum 9-foot travel lane improvement per AASHTO standards. This 18-feet of paving can be accommodated by the 25-foot private street easement.

2. Section 16.22.090.B.2 - Setbacks shall be as required by the applicable land use

zone (Chapters 16.05 – 16.10).

FINDINGS: Setbacks are reviewed when a building permit is submitted. 3. Section 16.22.090.B.3 - Each lot shall conform to the standards of Chapter 16.12

(Access and Circulation).


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FINDINGS: The minimum lot frontage for a street access is 14-feet, with a corresponding 12-foot driveway (Section 16.12.020.B). As shown on the submitted plans, all lots can comply with this requirement.

4. Section 16.22.090.B.4 - Landscape or other screening may be required to

maintain privacy for abutting uses. See Chapters 16.05 – 16.10 (Land Use Zones), and Chapter 16.15 (Landscaping, Street Trees, etc.).

FINDINGS: In this case, the landscaping requirement is limited to street trees along Milton Street. However, for reasons of safety, the developer will need to coordinate tree location with ODOT Rail. Otherwise, specific landscaping improvements or fences are not required for individual lots. This does not prohibit the installation of such improvements in compliance with applicable standards.

5. Section 16.22.090.B.5 - In conformance with the Oregon Fire Code, a 20-foot

width fire apparatus access drive shall be provided to serve all portions of a building that are located more than 150 feet from a public or private road or approved access drive. See Chapter 16.12 (Access and Circulation).

FINDINGS: The 25-foot private street easement complies with the access requirement and all homes will be within 150-feet of the street. There is also a “T” turnaround for emergency vehicles.

6. Section 16.22.090.B.6 - Where a common drive is to be provided to serve more

than one lot, a reciprocating access easement and maintenance agreement shall be recorded with the approved subdivision or partition plat.

FINDINGS: The layout does not contain a shared driveway.

7. Section 16.22.090.B.7 - All applicable engineering design standards for streets,

utilities, surface water management, and easements shall be met. FINDINGS: The applicant will extend public facilities into the site. All plans must conform to adopted City standards and be reviewed and approved prior to platting the subdivision.

L. Section 16.22.090.C allows the City to establish conditions to carry out Code provisions

and other applicable ordinances. Recommended conditions to meet this requirement were incorporated in the report and contained in the Section V. of this report.

M. Sections 16.22.100 to 16.22.140 establish administrative procedures for recording plats,

improvement agreements and bonding. For the record, the applicant and City staff must comply with these requirements in order to record a final plat.

IV. CONCLUSION AND RECOMMENDATION

Staff finds the proposal complies with the decision criteria for a Subdivision and recommends approval of the application subject to the adoption of the following Conditions of Approval:


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A. The applicant shall participate in a conference with the applicable facility providers for the purpose of coordinating facility improvements. This conference shall occur prior to submitting engineering drawings. At a minimum, it is recommended the participants include the Lebanon City Engineer, the Lebanon Fire District and private utility providers.

B. Prior to submittal of engineering plans the developer shall submit an Oregon Department

of Environmental Quality NPDES permit to the City prior to initiating site grading and construction activity.

C. The applicant shall submit an engineering plan for the development to City of Lebanon

City Engineer for review and approval. The engineering plan and associated improvements shall comply with requirements listed in Condition “G.”.

D. Upon approval of the engineering plans by the City, and completion of conditions in item

“B.”, the developer shall install public facility improvements within the subdivision. Improvements shall comply with approved engineering plans and adequate bonding or other financial security consistent with Lebanon Development Code provisions shall be obtained to complete the improvements.

E. Upon completion of the requirements in Condition “D.”, a final plat, complying with

provisions in ORS Chapter 92, shall be submitted and recorded within three years of the final decision. Platting shall be subject to the following:

1. The East “D” Street right-of-way, east of Williams Street shall be vacated.

2. The developer shall create a homeowner’s association or similar agreement for

the maintenance of the private street and parking area. The agreement shall be on a form acceptable to the City and recorded against the deed record of each lot.

3. The final plat shall substantially conform to the proposal, containing a maximum of 13 lots.

4. The applicant shall have the authority to phase the plat, provided the final phase is recorded within 10-years of the final decision.

F. Building permits shall not be issued until such time all required facilities are in place in

compliance with approved building plans, or, the submittal of appropriate bonding approved by the City.

G. The following facility improvement provisions shall apply:

1. General a. All public improvements shall be designed by a professional engineer,

conform to the latest Public Works Standards, and shall require a permit prior to construction.

b. A bond shall be required for all incomplete public improvements. c. All private, onsite utilities shall be approved by the City Building Official. d. All elevations on plans shall be on the NAVD 88 vertical datum and the

plans shall include proposed fencing, landscaping and irrigation.


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2. Transportation

a. Sidewalks, paths, and driveway approaches shall comply with ADA requirements.

b. Pedestrian access shall comply with building code requirements. c. Street trees, in compliance with the City standards, shall be installed along

Milton Street, unless otherwise prohibited by ODOT Rail. d. Engineering drawings shall locate street lights, mail boxes, utility pedestals,

and signs. The Postmaster shall approve mailbox locations. e. Street name(s) shall be approved by the City Engineer, Linn County 911,

and the County Surveyor. f. No parking signs shall be installed along the private street. g. Access and signage locations shall be approved by Lebanon Fire District. h. The private street shall meet or exceed the minimum AASHTO travel lane

width of 9-feet (18-feet total). i. Shall provide a geotechnical engineer’s report indicating the soil and street

section design is adequate for all traffic loads over the life of the street. j. ODOT Rail shall review site and utility plans, including fences and trees.

This shall include the installation of an ADA crosswalk at the Williams/Milton Street intersection.

3. Water a. The number and location of fire hydrants shall be approved by the Fire

Marshal. Engineering calculations shall ensure the water line will provide necessary fire flow. Applicable easements shall be required.

b. Approved backflow prevention assembly shall be installed immediately behind any City water meter serving any property with an irrigation system or well.

4. Sewer

a. Any on-site septic systems shall be abandoned according to applicable regulations prior to construction of public improvements.

b. Per ORS 92.44, manholes cannot be placed any closer than one foot from a required survey monument.

5. Drainage

a. The drainage system and grading plan shall be designed so as not to adversely impact drainage to or from adjacent properties. The engineering drawings shall provide a detailed design of the improvements.

b. Storm water discharge shall be limited to a pre-development 10-year storm event. Site detention shall be sized to contain storage for a 100-year post-development storm event. Provide an engineer’s report for review.

c. Provide verification of Oregon DEQ NPDES permit issuance and all conditions of permit issuance prior to construction.

H. Compliance with these conditions of approval, applicable portions of the Lebanon

Development Code, building requirements, Lebanon Public Works Standards and similar requirements shall be the sole responsibility of the developer.


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V. PLANNING COMMISSION ACTION A. The Planning Commission may either:

1. Approve the application and adopt findings contained in the staff report,

2. Approve the application with modified findings and/or conditions, or

3. Deny the application, specifying reasons why the applicant has not met the criteria.

B. Staff will prepare an Order for the Chair’s signature based on the Commission’s decision.

853 Main Street Main Street Lebanon, Oregon 97355 541.258.4923 541.258.4955 Fax www.ci.lebanon.or.us

To: Walt Wendolowski, AICP Community Development Mgr.

Date: June 6, 2016

From:

CC:

Ed Patton, PE, PLS Senior Engineer Ron Whitlatch, PE City Engineer/Engineering Services Dir.

Subject: Planning Case #16-05-23 (River Side Banks Subdivision)

The following are the Engineering Division comments on the plan proposed:

General

1. This proposal requires installation of new public improvements. All public improvements shall:

a. conform to the latest "City of Lebanon Standards for Public Improvements."

b. require completion of a Drawing Review Application and a Public Improvements permit prior to beginning construction.

c. be designed by a professional engineer registered in the State of Oregon.

2. Submit a site plan for review with a site plan review application and fee.

3. Prior to approving the subdivision plat, a bond is required for all incomplete public improvements. The existing alley right of way must be vacated prior to subdivision plat approval.

4. All private, onsite utilities must be reviewed and approved by the City Building Official.

5. All elevations on plans must be on the NAVD 88 vertical datum to be compatible with the City GIS records.

6. Submit any proposed fencing, landscaping, and irrigation plans with the site plan for review and approval.

Transportation System

1. All sidewalks, paths, and driveway approaches in public rights of way must comply with ADA requirements.

2. Provide pedestrian access throughout the subdivision compliant with building code.

3. Provide City standard street trees along Milton Street in compliance with the City of Lebanon street tree policy unless prohibited by Oregon Department of Transportation Rail Division. See the policy and approved street tree list at ( http://www.ci.lebanon.or.us/maintops/page/street-tree-plan ).

4. With the engineering drawings, indicate location of street lights, mail boxes, utility pedestals, signs, and any proposed path lights. Mailboxes must be located away from intersections. Mailbox locations must be reviewed and approved by the postmaster. Mailboxes must be installed with public improvements and are required prior to any building occupancy.

M E M O R A N D U M

Engineering Division

853 Main Street Main Street Lebanon, Oregon 97355 541.258.4923 541.258.4955 Fax www.ci.lebanon.or.us

5. Proposed private street names must be approved by the City Engineer, Linn County 911, and the County Surveyor. Provide verification of agency approvals and indicated the approved street name on the final subdivision plat.

6. The proposed street section requires no parallel parking on both sides within the subdivision. Provide signage for this restriction compliant with fire code.

7. Provide verification of Lebanon Fire District approval of access and required signage.

8. Provide verification of Republic Service approval of access for solid waste disposal.

9. The minimum access lane width provided on the private street shall either meet or exceed City standard width of 12 feet or the minimum AASHTO standard width of 9 feet.

10. Provide a geotechnical engineer’s report indicating the soil and street section design will be adequate for traffic loads including fire apparatus, garbage trucks, and delivery vehicles over the life of the private street.

11. Site and utility plans (including fences and trees) must be submitted to Oregon Department of Transportation Rail Division for review. An ADA compliant pedestrian crossing will be required at the Milton and Williams intersection. Provide verification of the Rail Division approval of the plans and issuance of required permits.

Water System

1. The number and locations of fire hydrants shall be approved by the Lebanon Fire District. Provide engineering calculations ensuring that the proposed 6-inch water line will provide necessary fire flow. Provide verification of plan approval by the Lebanon Fire District. The water main may need looped to the existing water main northeast of the site or increased in diameter to increase hydrant flow. Provide a 15 foot wide easement from the north end of the water main to the north edge of the subdivision for further water main extension.

2. An approved backflow prevention assembly will be required immediately behind any City water meter serving any property with an irrigation system or well.

Sewer System

1. Identify any existing on-site septic systems on the engineered drawings. Septic systems must be abandoned according to city and county regulations prior to construction of public improvements.

2. Per ORS 92.44, manholes cannot be placed any closer than one foot from a required survey monument. Manholes must not occupy street centerline intersection locations.

Drainage System

1. The drainage system and grading plan shall be designed so as not to adversely impact drainage to or from adjacent properties. With the engineering drawings, provide a grading plan that indicates existing and proposed elevations of the site and adjacent properties. Drainage improvements (ditches and or piping) may be required at the site boundaries to prevent adverse impacts; however, back yard private swales serving several Lots should be avoided where possible. The engineering drawings must provide a detailed design of the drainage improvements.

2. Storm water discharge from the site must be limited to a pre-development 10-year storm event. Site detention must be sized to contain storage for a 100-year post-development storm event. Provide an engineer’s report for review.

3. Provide verification of Oregon DEQ NPDES permit issuance and all conditions of permit issuance prior to construction.

Page 2 of 2

Community Development

925 Main Street Lebanon, Oregon 97355 541.258.4906 541.258.4955 Fax www.ci.lebanon.or.us

Not ice of Publ ic Hearing Lebanon Planning Commission

June 15, 2016

NOTICE IS HEREBY GIVEN that a public hearing will be held before the Lebanon Planning Commission on June 15, 2016 at 6:00 P.M. in the Santiam Travel Station, 750 Third Street, to afford interested persons and the general public an opportunity to be heard and give testimony concerning the following matter:

Planning Case No.: 16-05-23 Location: 310 E Elmore St

Applicant: Justin Kruse Assessor’s Map & Tax No.: 12S2W14BA6600, 12S2W14BB300 and 10800

Request: Ten Lot Subdivision

Zoning: Residential Mixed Density and Residential Low Density

Request: The applicant is requesting approval of a tentative Subdivision Plat that includes ten residential lots.

Decision Criteria: Lebanon Development Code: Chapter 16.05 – Residential Land Use Zones; Chapter 16.20 – Review and Decision-Making Procedures; and Chapter 16.22 – Land Divisions. Obtain Information: A copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost and will be provided at the cost of 25 cents per single-sided page. If you have questions or would like additional information, please contact the Lebanon Planning Division, 925 Main Street; telephone 541-258-4906. The staff report on the proposal will be available 7 days prior to the hearing.

Providing Comments: CITIZENS ARE INVITED TO ATTEND the public hearings and give written or oral testimony (after presentation of the staff report) that addresses applicable decision criteria during that part of the hearing process designated for testimony in favor of, or opposition to, the proposal. If additional documents or evidence are provided in support of the application subsequent to notice being sent, a party may, prior to the close of the hearing, request that the record remain open for at least 7 days so such material may be reviewed.

Appeals: Failure to raise an issue in the hearings, in person or by letter, or failure to provide sufficient specificity to afford the decision makers an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on that issue. Decisions of the Planning Commission may be appealed to the Lebanon City Council within 15 days following the date the Commission’s final written decision is mailed. Only the applicant, a party providing testimony, and/or a person who requests a copy of the decision has rights to appeal a land use decision. The appeal must be submitted on the appeals form as prescribed by City Council with appropriate fee paid, and must set forth the criteria issues that were raised which the applicant or party deems itself aggrieved. Please contact our office should you have any questions about our appeals process.

Upon request, the City will provide an interpreter for hearing impaired persons. To request an interpreter, contact the City Manager’s Office at 258-4202 no less than 48 hours prior to the public hearing.

Community Development

925 Main Street Lebanon, Oregon 97355 541.258.4906 541.258.4955 Fax www.ci.lebanon.or.us

PROPOSED SUBDIVISION

LEBANON ZONING MAP

LEBANON COMPREHENSIVE PLAN MAP

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